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Tuesday, October 26, 2021

Janowiec commune. The bailiff put her plots up for auction, although she had no debt whatsoever

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Mrs. Małgorzata is not only called the same as the debtor, but also the names of the parents of both women are the same. This was enough to put her fields and forest up for auction. A resident of the Lublin region found out about it by accident when she came to the commune office in another case.

Małgorzata Wiśniewska from the Janowiec commune will remember the day of August 27, 2021 for the rest of her life.

– I came to the commune office to submit an application for reimbursement of fuel excise duty. One of the clerks asked what happened because the bailiff had already announced the second auction of my 3.5 hectare plots. When she showed me the notice on the notice board, I was shocked. It turned out that the bailiff took two fields and a forest for me – he says.

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There was no PESEL number in the notarial deed

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The first auction was to take place on April 26. However, it ended in failure because no one came forward. The next one is scheduled for September 10. It turned out that before Małgorzata got married for the second time on July 31 and changed her name, she had the same name as the debtor. The names of the parents of both ladies were also the same.

– When everything was cleared up, the bailiff said he could do nothing but apologize to me and stop the proceedings. How can you treat a man who has never had any debts like this? After all, before dealing with someone’s property, everything should be carefully checked. I heard from the bailiff that there was no PESEL number in the notarial deeds. Yes, it was not, because the plots were given to me by my parents over 29 years ago. The bailiff could, however, ask the county office to inspect the land register. The PESEL number is provided there – says Małgorzata.

She had never seen a real debtor. – I only know that he lives on the other side of Poland. – This fact alone should pause the bailiff or the creditor – he spreads his hands.

The PESEL number is, however, given in the land register

According to Waldemar Orkiszewski, secretary of the Puławy poviat, Małgorzata’s PESEL number is indeed given in the land register.

– We checked that since 2016, the bailiff has not asked us for information on plots belonging to the person in question. In 2020, such data was only requested by an appraiser. However, we do not know on whose orders he worked. The appraisers are not required to provide us with such information, he says.

The expert did not ask for the PESEL number

It turns out that the appraiser in question was a court expert working on behalf of a bailiff.

– The court expert – being a licensed appraiser responsible, inter alia, for collecting geodetic documentation – did not apply to the County Office for a PESEL number, because there was no reason to assume that we were dealing with two different people. Such doubts did not have the land and mortgage register court or the court supervising the execution of real estate, says Tomasz Piłat, the bailiff at the District Court in Puławy.

He also emphasizes that the real debtor was sought through, inter alia, police, tax office, the Social Insurance Institution, in the CEPiK and CPD registers and by another bailiff, and when she was finally found, she collected further enforcement letters. That is, it de facto confirmed that the plots in the Puławy poviat, in question, belong to her. She also never contacted the bailiff.

– Nowadays, the fact that someone lives in one part of the country and owns plots in another is not unusual. The case did not raise my doubts, because on these two properties there was a compulsory mortgage established by the court. The creditor was therefore the mortgagee in all cases and it was he who indicated – the purpose of the seizure – these properties, giving two numbers of the land and mortgage registers. It should also be emphasized that the enforcement authority is bound by the creditor’s application for which it is competent, says the bailiff.

Before she got married for the second time, Małgorzata Wiśniewska had the same name as the debtor from the other side of Poland Private archive of Małgorzata Wiśniewska

The creditor does not remember who indicated the plots

The creditor in this case is Ms Agnieszka (name for the editor’s attention – editor’s note). – The claim arose after I rented my debt flat today – he emphasizes.

When asked who indicated these specific plots of land for execution in the Janowiec commune, she says that she does not remember.

– The debt arose in 2016. It is possible that the plots were indicated by real estate agents whose services I used when renting the flat. Perhaps the debtor herself did it. I really can’t remember it today, he says.

According to her, the essence of this case is, however, that the bailiff – or the court expert indirectly working on his behalf – did not check the PESEL number when seizing the property.

– Me, as the creditor, the County Office cannot provide such information. The bailiff, however, had all the necessary tools to carefully verify that it was really one and the same person. In my opinion, this situation shows that the legislator should introduce the obligation for all land and mortgage registers in Poland to display the PESEL number next to the owner’s name – emphasizes Agnieszka.

Mrs. Małgorzata will demand compensation

On the other hand, Małgorzata Wiśniewska intends to seek redress. Both to the bailiff and the creditor.

– I had to pay a lawyer to write a letter to block the auction. I did not believe the bailiff on his word that the auction would be canceled. I also paid for taking extracts from the land register – he says.

However, she adds that all these charges are nothing compared to what she experienced when she found out about the situation.

– After all, during that time, when the advertisement was hung on the wall in the commune office, my good name was suffering. Besides, since there are still mortgage entries in the land and mortgage registers – because I have not yet received information from the court about their deletion – then, as I understand it, I cannot currently use my property. So I have no right to enter the forest and obtain firewood. And winter is coming – says Mrs. Małgorzata.

Bailiff: the announcement could not damage Mrs Małgorzata’s good name

Bailiff Tomasz Piłat comments that Mrs. Małgorzata could and can use her property freely. He claims that there was no earlier and there are no contraindications for, for example, cutting wood for firewood.

– The execution was completed in August 2021, and all mentions and mortgages in the land and mortgage registers were deleted – he says.

In his opinion, the announcement in the commune office could not affect the good name of Małgorzata.

– The announcements only indicate the name and surname, the number of the land and mortgage register or the date of enforcement activities, because there is no legal basis for providing other detailed data, such as the address of residence or the amount of debt – he emphasizes.

However, when it comes to the fees that Ms. Małgorzata paid, – as the creditor comments – she needed extracts from the land register to include her PESEL number in the land and mortgage register.

– I suggested this step myself, because if my debtor has other creditors, the mistake may repeat itself again. Here, however, I will not cover the costs, because supplementing the data in the land and mortgage registers is in the interest of Małgorzata. I already lost several thousand zlotys. I incurred the costs of initiating enforcement, making appraisal reports and making mortgage entries and their deletion – explains the creditor.

Head of the commune: The office has no grounds to send a letter informing about the auction

Małgorzata Wiśniewska also has a grudge against the commune authorities. Because they did not inform her that the plots were put up for auction.

– Officials can send letters when a man is late with one installment in fees for garbage, and here nothing. If I hadn’t come to the office by accident – and because of the pandemic I didn’t go there for some time – I wouldn’t have learned about the second auction – he says.

Janowiec commune head Jan Gędek comments that in the case of fees for waste collection, the office has grounds to send a letter to the resident, because the case concerns fees due to the commune. On the other hand, in the case of bailiff’s notifications, it only checks whether the given plots of land also have any claims.

– If not, the auction announcement goes to the notice board and that’s it. This is where the matter formally ends. However, since the commune is small and – as the saying goes – everyone knows everyone else, I or my officials can, of course, be privately interested in what happens when our resident has occupied real estate. Such informal questions, however, usually end with claims that what interests us. And the residents are basically right, because officials shouldn’t care. It was the first time that real estate that did not belong to the debtor was seized, he says.

The case was conducted by a bailiff at the District Court in Puławy

Main photo source: Shutterstock



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